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Exploring the Essential Features of “Lois Fenner – Legal and Ethical Issues in Behavioral Health in Arkansas – PESI”
Speaker: Lois A Fenner McBride, RN, MS, JD, Attorney at Law
Format: Audio and Video
Media Type: Digital Seminar
Description
Without the proper legal awareness needed to stay in compliance, you may face grave legal and financial consequences. This seminar will show you how to continue to help the people you’ve been trained to help while still protecting yourself from many legal pitfalls. If you watch only one seminar this year, make it this one. Join attorney Lois Fenner for an entertaining and enlightening recording and leave with a greater understanding of the latest Arkansas laws as they relate to behavioral health. You will take home practical strategies to minimize and manage legal and ethical risks and you will learn how to immediately implement these risk reducing strategies into your practice.
Speaker
Lois A. Fenner McBride, RN, MS, JD, Attorney at Law, is an honor’s graduate of the University of Maryland Graduate School of Nursing, Undergraduate School of Nursing, and University of Maryland Francis King Carey School of Law. She is an attorney admitted to practice before the Supreme Court of the United States, the Federal Bar and the Maryland Bar. She is a compact licensed Registered Nurse and a Certified Clinical Specialist (Psychiatric and Pediatric). She served as vice president of human resources for Schneider Regional Medical Center, USVI for five years.
Nurse-Attorney Fenner is a founding member of The American Association of Nurse Attorneys, past president of the Monumental Bar Association, a member of the Women’s Bar Association, Trial Lawyers’ Association, the National Exchange Club, Phi Kappa Phi and Sigma Theta Tau honor societies. She has been recognized by the Alliance of Black Women Attorneys with the Distinguished Women in Law Award, the Baltimore Marketing Association Harold Young Leadership Award, and the Baltimore County Diversity Award.
Additionally, she is a three-time recipient of the Daily Record’s Top 100 Women in Maryland Award and was inducted into the Circle of Excellence. Nurse-Attorney Fenner has been recognized as a Baltimore Business Journal’s Who’s Who in Law and was selected as one of the Super Lawyers twice. Her practice focuses on medical and health care litigation and consulting: including medical malpractice, personal injury, accreditation, human resources, wrongful death, risk management, credentialing and professional boards/licensure.
Nurse-Attorney Fenner is a recognized educator and lecturer throughout the country providing realistic and current information in dynamic presentations.
Speaker Disclosures:
Financial: Lois Fenner McBride receives compensation as a Nurse Attorney, HR Consultant, and Educator-Lecturer. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Lois Fenner McBride has no relevant non-financial relationships.
Target Audience
Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals
Objectives
- Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
- Compare the different requirements for release of protected health information via subpoenas and court orders.
- Explore the legal and ethical considerations for the treatment of minor populations in Arkansas with regard to age of consent, confidentiality and custody concerns.
- Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
- Develop policies on ethical issues such as restraints, seclusion and informed consent.
- Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Arkansas.
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Outline
- Overview/Confidentiality of Mental Health Records
When and to Whom Records Can Be Released
Mandatory Disclosure Requirements
Alcohol/Drug and AIDS/HIV Treatment Records
Necessary Documentation - HIPAA 101 – Federal Confidentiality RegulationsWhat Is HIPAA Today?
How Do I Comply with the Regulations?
What Are “Psychotherapy Notes”?
When May I Release Records?
How Much Paperwork Will This Be for My Office? - Responding to Subpoenas, Court Orders and Law EnforcementSubpoenas; Types of Subpoenas; Duty to Respond; Time Limits
Search Warrants & Court Orders
Authority to Obtain Information
Investigations
Development of Policies and Procedures to Respond - Balancing the Rights of Minors & ParentsMinors’ Rights
Age of Majority
Access to Records
Rights of Minors to Refuse/Consent to Medication and Treatment
Alcohol, Drug Abuse and Treatment Issues for Minors
Parental Rights
Custodial and Divorce Factors
Child Abuse Allegations
Custodial vs. Non-Custodial Parent’s Rights to Records - Voluntary and Involuntary Mental Health CommitmentsReasons to Use a Voluntary Commitment or an Involuntary Commitment
Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
Mental Illness
Procedures - Professional Ethics and Boundary IssuesConsent Elements and Competency Issues
Medication: Right to Refuse
Restraints and Seclusion
Individual’s Legal RightsÂ
Informed Consent
Boundary Issues: Where the Lines Are Blurred
Prescribing Practices
Board of Health Professionals Investigation – Disciplinary Proceedings - Legal Liabilities of the ProfessionalDuty to Warn Issues
Professional Obligations and Standards
Fraud & Abuse Issues
Billing & Coding Errors
Documentation
Compliance with Contradictory LawsÂ
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